9.2 Default by Lessor. If Lessor shall (i) fail to provide or maintain insurance coverage for the Aircraft in accordance with Section 5, or (ii) fail to indemnify Lessee in
accordance with Section 6.2, Lessee may declare this Agreement to be in default and may exercise one or more of the following remedies as Lessee in its sole discretion may elect, to the extent available and permitted by, and subject to
compliance with any mandatory requirements of applicable law then in effect: (i) return the Aircraft to Lessor in which event this Agreement shall terminate upon such return of the Aircraft and Lessor shall refund to Lessee any amounts
previously paid by Lessee to Lessor for the lease of the Aircraft for any period following the date of such termination; and (ii) proceed by appropriate court action to enforce performance by Lessor of the provisions of this Agreement and to
recover damages for the breach thereof. 

 Section 10: MISCELLANEOUS 


10.1 Governing Law. This Agreement shall be governed and construed in accordance with the law of the State of New York without
regard to any conflict of law rules thereof that might indicate the application of the laws of any other jurisdiction. 

 10.2
Notices and Communications. For the purposes of this Agreement, all notices and other communications hereunder shall be given by personal delivery, mail, or overnight delivery to the intended recipient at the address specified below:


  




|  |  |  |
| --- | --- | --- |
|   | (a) | If to Lessor:  |

 The Wendy’s
Company 

 One Dave Thomas Boulevard 

 Dublin, OH 43017 

 Attn: General Counsel 


 

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